Legislating for stronger, more effective equality bodies: Key elements for and expectations from future EU legislation on equality bodies

Binding legislation on equality bodies would be a major step towards better implementation and enforcement of the EU’s equal treatment legislation. In the absence of specific and detailed provisions for the independence, mandate, resources and operations of equality bodies, Member States currently have a wide margin of appreciation to decide on the setting up and operations of these institutions. In practice, this has led to varying forms and levels of protection against discrimination and inequalities provided by equality bodies across Europe. This also manifests in some equality bodies around Europe facing significant challenges as regards their independence, mandate, powers and resources. The current situation endangers both the coherent implementation of EU equality legislation and strategies and the effective protection of the rights of all victims of discrimination across Europe. 

This paper sets out Equinet’s ambitions and proposals for EU legislation on equality bodies, namely to: 

1. Create dedicated, ambitious and realistic legislation on equality bodies 
2. Take into account the diversity of equality bodies 
3. Introduce provisions enabling robust monitoring 
4. Ensure that equality bodies have a comprehensive mandate 
5. Bolster equality bodies with adequate powers 
6. Coordinate and cooperate to ensure protection against discrimination & inequalities 
7. Reinforce equality bodies with full independence 
8. Equip equality bodies with adequate resources 
9. Ensure close involvement of equality bodies and Equinet